Ignorance is bliss. They do not need probable cause to check you.

Sec. 12.102. INSPECTION OF WILDLIFE RESOURCES. (a) In this section:

(1) "Residence" means a person's principal or ordinary home or dwelling place.

(2) "Temporary residence" means a place where a person temporarily dwells or seeks shelter. The term does not include a hunting blind. The term does include a:

(A) hunting club or lodge;

(B) clubhouse;

(C) cabin;

(D) tent;

(E) manufactured home used as a hunting club or lodge; and

(F) hotel room, motel room, or room in a boardinghouse used during a hunting trip.

(3) "Wildlife resource" means any animal, bird, reptile, amphibian, fish, or form of aquatic life or any part of an animal, bird, reptile, amphibian, fish, or form of aquatic life the hunting, catching, or possession of which is regulated by this code.

(b) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department who observes a person engaged in an activity regulated by this code or under the jurisdiction of the commission or reasonably believes that a person is or has been engaged in an activity regulated by this code or under the jurisdiction of the commission may inspect:

(1) any license, permit, tag, or other document issued by the department and required by this code of a person hunting or catching wildlife resources;

(2) any device that may be used to hunt or catch a wildlife resource;

(3) any wildlife resource in the person's possession; and

(4) the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource.

(c) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department may inspect any wildlife resource that has been taken by a person and is in plain view of the game warden or other peace officer.

(d) Nothing in this section authorizes a game warden or other peace officer commissioned by the department to conduct a search otherwise authorized by this section:

(1) in a person's residence or temporary residence; or

(2) on a publicly maintained road or way that is:

(A) improved, designed, or ordinarily used for vehicular traffic;

(B) open to the public; and

(C) distinguishable from a shoulder, berm, or other area not intended for vehicular traffic.


Added by Acts 2003, 78th Leg., ch. 558, Sec. 1, eff. Sept. 1, 2003

And if Dan didn't have a license? So what? What if Dan was just there to fix the tractor and didn't have a license. The presence of a license or lack of a license isn't indicative of anything in the context of the situation.

Actually, they must have "reasonable belief"...of which I am not sure that working on a tractor qualifies.

It was an overreach. And those bug me too-even though I support LEOs generally. But like I said I probably would have taken it in stride-although on a few occasions I haven't.

Had a forest ranger stop me on a county road in DCNF with my 4 wheeler in the back of my pickup, ask for ID, and then ask me where I was going with the 4 wheeler. I produced my ID, but in answer to where I was going politely asked him why he needed to know. Was I violating a law I wasn't aware of? Was I engaging in a suspicious activity? (All requirements for a "Terry" stop or probable cause.)

He said no. I again politely stated that, since this was not Russia and I was not violating any law/engaging in any suspicious activity, it was none of his business where I had been or where I was going.

He then explained that they were cracking down on unauthorized 4 wheeler traffic in the NF (which I knew). Since he was nice I explained I was going to my place bordering the NF and we both went on our way.

I like that.

It was an overreach. And those bug me too-even though I support LEOs generally. But like I said I probably would have taken it in stride-although on a few occasions I haven't.

Had a forest ranger stop me on a county road in DCNF with my 4 wheeler in the back of my pickup, ask for ID, and then ask me where I was going with the 4 wheeler. I produced my ID, but in answer to where I was going politely asked him why he needed to know. Was I violating a law I wasn't aware of? Was I engaging in a suspicious activity? (All requirements for a "Terry" stop or probable cause.)

He said no. I again politely stated that, since this was not Russia and I was not violating any law/engaging in any suspicious activity, it was none of his business where I had been or where I was going.

He then explained that they were cracking down on unauthorized 4 wheeler traffic in the NF (which I knew). Since he was nice I explained I was going to my place bordering the NF and we both went on our way.

Wouldn't this be like going around to lake houses and asking folks to produce a fishing license just bc they're in the general vicinity of a place where fish are?

Wouldn't this be like going around to lake houses and asking folks to produce a fishing license just bc they're in the general vicinity of a place where fish are?

Ignorance is bliss. They do not need probable cause to check you.

With all the road hunters and poachers in my area I welcome the GW asking everyone, in past few years the GW has been very visible in the area and it is amazing the number of deer you can now see when driving down the roads. I hope they keep it up.

And if the person working on the tractor HAD BEEN a poacher or trying to steal the tractor...... would you have wanted the GW to have checked out who he was talking with?

I have never had trouble with law enforcement by cooperating

What rights were even remotely violated.

So we go from a GW checking a hunting license comparing it to looking for terrorists. Lets go ahead and start asking why you cant drive into area 51 and have a look.

Simply being in a "hunting camp" is not a reasonable belief to warrent an inspection. For all the GW knows he could be a mechanic hired to work on the tractor.

I don't think GWs are out to get us either but, there is a right way and a wrong way of doing things. This particular GW did it the wrong way and it seems like it left a sour taste in the mouth.